Morality is not determined by the church you attend nor the faith you embrace. It is determined by the quality of your character and the positive impact you have on those you meet along your journey

Wednesday, December 30, 2009

The Great Blogger Book Banning, Take Two.

My good friend Shannyn Moore called me last night with some stunning news.

"Hey, I got a copy of the banned list from Sarah's book signing and YOU ARE NOT ON IT!"

"I am not?"

"No just Dennis, Andree, and Me, your name is not mentioned."

And she was right. As you can see for yourself down below.

As you can plainly see my name is definitely NOT on the list. So then the question that MUST be asked is WHY was I escorted out by the Wasilla police?

You can see this event is listed as "public", and yet they have a list of people who are not allowed to attend? And the security staff was also instructed to "coordinate with Todd" just in case we tried to enter, not as media, but as the "public".

But WHY were we not allowed to attend? And if I wasn't even on the list, WHY did I get the bum's rush by the police? (You can read Shannyn's account of this right here.)

Justin Elliot of Talking Points Memo, also wondered what the hell was going on. So he called James Hastings, the guy in charge of the arena, and asked for an explanation.

"Todd told me that a couple of individuals said they were going to come out there, and he expected them to protest," Hastings says. "He said, 'Hey, there's a guy named Griffin who will be with Zaki, and they're going to try to stir up the pot.'"

That would be Dennis Zaki, photojournalist and freelance videographer, and Jesse Griffin, a blogger whose name was added to a later version of the list than the one we posted.

"Stir up the pot"?

"Protest"?

WTF?

Dennis and I had also attended the Elmendorf book signing only about one week earlier and had been so inconspicuous that I am not sure Sarah even knew we were there. I was certainly NOT going to cause a ruckus at the one in Wasilla. I simply went there to help Dennis cover the event and get some information for a blog post. That is all.

And both Todd and Sarah knew that. This is just more of the vindictive mean girl coming out and saying "It is my party, and YOU are not invited." Which would be fine, if it was in fact a PRIVATE party. However this was advertised as a PUBLIC event, and there were no invitations required for attendance.

However apparently being critical of ex-Governor Palin is all that is required to have a Wasilla police officer escort you out of a public building, and into the chill of a December afternoon. (By the way the Palin's only rented the "Turf Court", not the whole building. So I would like to know why I was asked to leave the whole Sports Center and not just asked to leave the area the Palin's had rented? Anyone?)

I think it is time for a lawyer to ask this question on your behalf.I really have a problem with these gestapo tactics by the Palins and Wasilla Police. I am highly offended by this and more so by the fact that that person who was passing around propaganda with out presidents face made out to look like Hitler and this person was allowed to stay.

They must've been crushed that only ONE person on their banned list showed up, so they decided to ban you on the fly. Hilarious. Sarah must've been so peeved that Shannon and Andree didn't show! Curses!

Google for "color of law" See Title 18 U.S.C. Section 242. A complaint to the FBI or a US Attorney will start a criminal investigation. There is no need for an attorney. The FBI's "color of law" page explains what's needed to file a complaint. The crime: depriving someone of their civil rights under color of law. It's a federal case.

What are you going to do? I want to know that you are going to do something, but you don't have to reveal what, ok? I think it is time to take Mr. Todd EX-1st Dude, never-will-be First Man, court order-defying son of a #%!@% down some notches. And as I asked Shannyn, why, why, is she still being called Governor. Todd was there at the resignation, what part of I Quit does he just not get? P.S. I want a t-shirt "Banned in Alaska" with the names of those banned on the back!

I thought the person who had posted a response to one of the AK blogs about the sort of "good ol' boy" Lodge hall/GOP operative Mr. Hastings is had pretty well answered your question. But, for a really proper answer you need to get an attorney *and* file a criminal case. Not only have your civil rights been violated, but Sarah Co. has provided you with lots of good blog material if you follow up in the way that you should. Like someone said, "If not you, who?" "If not now, when?" You've been handed a perfect opportunity on a silver platter.

I have to admit ( even though I was not in your shoes) that I am surprised that you went so peacefully and with very little question. With hindsight, you must be kicking yourself for letting the Palin's and the public safety force have their way.

"So I would like to know why I was asked to leave the whole Sports Center and not just asked to leave the area the Palin's had rented? Anyone?"

More drama that way. The Queen High Priestess/Goddess Palin and her henchman/peon Todd had spoken, and she "showed" you, by gosh! With a wave of her magic wand, the idjit bestowed upon you a fantastic chance at a lawsuit. Go, Gryphen, go!!!

Go for a legal remedy, Gryphen, please. As others have stated, it need not cost you money to do so.

This could be a huge opportunity to bring a focus to the Palin's oppressive tactics. However, be prepared for a huge backlash from the Palinbots. You might want to be sure someone has your back because they keep spouting violence.

Anyway, we know it's not about money. It's about rights - citizen rights. The Palins canot get keep spouting "freedom, freedom, freedom" and then try to take away everyone else's freedoms.

Go for it if you can. It may just scare the stuffing out of the little freaks.

I'd say there are bigger fish to fry. Just move on. My wife told me the same thing today while I was rolling down the car window to yell at the guy standing on Northern lights and New Seward today with a sign blaming the deficit on Obama

OOOHHHH.....the FBI? Now that would be great fun! And the Palin's certainly deserve to be investigated. Who are they...the dictator of all of us? Comedy. This truly is much better than any reality TV show or a soap opera. Every single day there is some new revelation about this family. Just one flipping train wreck after another. Hope you proceed with this Gryphen! You are within your rights to have an investigation started.

G-Man, Someone must have improvised a behind the back pass from half court to the front desk using a 'crystal' basketball. You were on the invisible incognito list behind the visible list. These folks couldnt order a pizza without some sort of controversy, dysfunction, or disturbance.

I don't think I would pursue legal action in this case because it's conceivable that a court, given the established history of blogs Mr. Gryphen has published which have been quite incendiary at times, would look further than his legal rights tohis motives for seeking redress in court.

I believe Mr. Gryphen stated his presence at Elmendorf was for no other purpose than to assist a fellow blogger toward the end of a future blog being published. I don't think its a reach to suggest that such a blog might not be completely objective and might even be slanted towards somehow being injurious to Sarah Palin.

Put another way, given Mr. Gryphen believes Sarah Palin to be severely mentally disturbed, a pathological liar, a woman who is exploiting her children for political gain, and basically a comprehensively morally bankrupt woman, a court might want to know the real reason for an appearance by Gryphen at a book signing.

That's just the way it is.

It happened to a client of mine in similar circumstances. He was denied access to a live feed from a mall broadcasting a show hosted by two shock jocks. He had written several scathing op-eds on the pair previously and it was established in court that his intent was to unearth fresh material with which he believed he could use to get the pair thrown off the air.

He, too was shown the door.

That was that.

It's all about motive.

ad faith (Latin: mala fides) is a legal concept in which a malicious motive on the part of a party in a lawsuit undermines their case. It has an effect on the ability to maintain causes of action and obtain legal remedies. Generally speaking, courts will not just look at the legal rights of parties in pursuing a transaction or a lawsuit, but will look behind the activity at the motives of the persons attempting to obtain the assistance of the court. If a court feels that the reasons behind the transaction or lawsuit have the effect of abusing the power of the law, or the court, it will generally deny a party the ability to rely on a legal remedy that they will otherwise be entitled to. It is related to the equitable powers of common law courts to look beyond the law.

Gryphen...Hit 'em where it hurts...In the money pocket. They love money, so take a bunch from them. Didn't they make you feel like an "outcast" , "not fit to be around" , "criminal", "diseased", "repelling" etc. person. They assinated your character in front of over a thousand people by having you removed by the police.... Go for it.

The "Frontiersman" has a short piece about Sarah's happy homecomingblah blah, but the comments section, except for a few of her star-struck fans, are very negative.

How can Mr.Sarah (or Toad, as he's known)let himself be the tail of that pampered poodle Sarah, ready to wag at her command. I think basically he'sweak, that iron dog race & huntin''n fishin' is him trying to appeartough. Instead of pulling a gun onLevi a kid, a real man would've justthreatened to sock him not hide behinda gun. The more that come out about that bunch...!Sharon TN

LAWYER IT UP MAN!!!! god know she would sue you in a redneck minute. you have every right i believe. the humiliation in front of the other people, made to feel like a terrorist...etc. id do it. you have nothing to lose. DO IT DO IT DO IT. show your daughter that she cannot and will not be treated like this, not in the america that you know and love. DO IT DO IT DO IT

Did you see how the illiterate Palin hillbillies spelled Andree McCleod's name on the "banned" list?"ANDREA MCCLEOD"WTH? And on the Palin/Davis web page, they had Todd's grandson as "Trig" and now they have finally changed it to grandson "Trip." With ONE "P." I repeat - ILLITERATE.

I agree, file a complaint. You had every right to be in that building, what if you went just to get the h1n1 vaccine? Do the Palins have the right to say who gets access to health care and who doesn't? It's a public building, paid for by your taxes.

As a retired lawyer, I suggest that whatever you do, you do not file any criminal charges if you want to pursue a civil case or have discovery in a civil case. The pending criminal charges will act to "stay" the discovery and proceedings of the civil case – and that stay (legal term for 'hold) could last for an indefinite period of time. That is because the criminal case would take priority over the civil one – even if the criminal case were not aggressively prosecuted (and in some cases, the criminal charges just lie dormant, so that eventually NO justice is done). Been there as the attorney, and I know how that works.

Gryhpen, have you considered putting your case to the ACLU? Your rights were trampled on since you were not on the list, and it designates the event as open to the public.

If writing something critical about a person in public office is a reason to be banned, we would not have a free press in this country. The people who present the greatest danger are not Sarah's critics. It is her rabid crowd, shouting threats of "Kill Him!" about the President of the United States. They really are armed and dangerous. Zaki only intended to shoot people with his camera; it is not the same thing.

There is another little problem with that shameful document, GOV. She ain't the governor no more! She quit! The part that Sarah is playing is more like the Queen of Hearts in "Alice in Wonderland," who was famous for saying, "Off with their heads!"

Sarah operates under the scorched earth policy, leave nothing standing, not even a blade of grass. She appears to be taking the same approach with Levi. She and Todd went out for Trooper Wooten in the same way. Sarah is all about grudges, getting even and literally "off with their heads."

Really, there are separate issues from individual civil rights. There's accountability of the Wasilla Police Department - a local government, state and federally-funded public service.What were they doing there? On what formal grounds did they remove citizens from city/borough property? Why did a uniformed, identified police officer physically touch (which means restrain) a citizen? Law enforcement may not put their hands on you without cause.

The anonymous attorney at 6:26 is further proof that you need your own attorney. The legal advice you get on the internet is worth precisely what you paid for it. I don't think a lawsuit should be about money or gathering dirt. You aren't likely to get a whole lot of either. What it should be about is modifying the behavior of Mr. Hastings and the Wasilla police department. Even an unsuccessful lawsuit is likely to put a lot of people on notice that American's rights are still intact even when Sarah Palin is nearby. As far as I'm concerned she can ride rough shod over her fans all she wants. They seem to like it. The rest of us are a different story. The lady who had her signs confiscated probably has an even more clear cut case. Somebody needs to stand up to stop this sort of thing.

As others have said, I'll kick in some money on this one. It will be money well spent.

I mean really, this is about as good as it gets! Super cool that you were "singled out and added at the last minute"...proof? G-man: Are they picking a fight? Playing Chicken with you? What gives? Bring it, I say...

Gryphen...SUE the shit out of them! HC, wasilla, everyone!!!! Click on snowbilly's link to the FBI! (Snowbilly we KNOW you ROCK!)the whore of wasilla was so wrong..one so many fronts....GET HER!! And Toad. But you know she was behind it...!She is trying to censor all kinds of free speech but she let nazi's there and tea baggers!!!!But not bloggers!!! SUE HER ASS!!!

Interesting commentary by anon @6:26 but I believe s/he's wrong. Primarily because it wasn't actually s'error palin who tossed him but the manager of a public facility. If G does write crappy comments about palin, her family or her motives, so what? She is a public figure and is fair game for ridicule. If she objects, then her route is to sue G rather than use a proxy to do her dirty work.

There is a real issue of whether G's 1st amendment rights were violated. Same with Zaki but more so because he is a bona fide journalist. Moore could also go after Hastings and Wasilla, but would have a less strong case than Zaki who was escorted out for no justifiable reason.

For the same reason she was able to run for VP and has been able to get away with behavior that is bordering on illegal, flat out illegal and ethically wrong.

Because Sarah still has more supporters than detractors in Alaska especially within the government/law enforcement area.

There are more than enough people who are more than happy to look the other way while she behaves this way, and until people actually start holding her and those like her accountable then things like this will just continue to happen in our country.

Nah, don't bother to sue, Gryphen. That sort of puts you in the same column as Palin: "They have offended me, so sue them."

You've got an excellent forum to get under her thin skin and you're using it most effectively. Think of this "non-banning" as a feather in your cap. Stand tall and keep on doing what you're doing. People ARE paying attention. I know it's a hard slog, but you're earning more respect by the day.

Hang in, Gryphen. Just move forward and use your blog to out this little wretch of a human being and her associates. You've provided all of us with more information on this situation than we'd EVER get anywhere else.

According to a post on TPM, the copy posted here, at Shannyn's site and also are TPM was the memo from one day before the event. On the day of the event (which a copy is not available) Gryphen's name was added.

Nephew Gryphen, I hope you don't contract swine flu after being prevented from getting a flu shot that day in Wasilla. If you do send the medical bills to Mr Hastings. I am sure for your safety he will pay them.

One of the benefits of filing a complaint is that the story would get more coverage. People need to be made aware of the type of behavior that was sanctioned on the Palins' home turf, in a controlled setting.

Allowing Lyndon LaRouche followers to distribute petitions and pamphlets depicting the President as Hitler, while confiscating signs from other people, and even escorting someone off the premises for no apparent reason is serious stuff. Clearly the Palins were aware of what was going on because they had people monitoring the scene (including Sarah's mother from some reports). This is thuggish behavior, and it should be exposed.

No. Don't sue Sarah. She's a private citizen who made a request. Sue the city and the police department who agreed to do it, even though it clearly violated your civil liberty.

Sarah's never gonna change her mind, but cities don't LIKE to get sued.

Mind you, they'd probably win, because if a cop tells you to do something they're within their legal rights to do so- and they didn't ask you to do something illegal (just wrong). You were smart to do as they said, because if you hadn't, they could have arrested you.

Court's where you fight a battle like this. Unfortunately, the cost, financial and emotional, is punitive for the poor victim. I'd check with the ACLU and maybe they can offer some advice.

It is evident their intention was to sqelch freedom of speech. Even if you had planned a protest, you have a legal right to protest whatever you want. And even if that protest put you in danger, that is your choise. If a section was rented by a private party and that party denied you access, so be it, but in this case, a public facility, as per a private parties instructions, used local police to remove persons from public property, bought and paid for by said taxpayers. You have every right to have been there, and to protest anything you want. How did they know you were not there to get a flu shot or to protest the flu shot or do a story on flu shots or whatever? Yes, call the ACLU. Free lawyers are the bomb. If they don't take your case they will a least offer you legal guidence as how to move forward. The four of you need to group together and teach the Palins that in a free country their tyrannical ways don't go. She is not a queen, despite her delusions, nor is Toad the king of anything.

You can file a complaint at this location. They will contact you. I have spoken with ACLU Alaska several times in the past few years. Palin is in their radar. Buck up son, God has opened this door for YOU (wink) ;-)

Guys--lawyer here. I really am a little troubled when people start saying 'sue!' The fact is that litigation is expensive, disruptive, and often hurts everyone involved (I say this as someone who has made a living in litigation for over 30 years). It often is not the best choice for people and I believe it's really presumptuous to suggest (much less demand as some are bordering on doing) that another person do it.

Yes, this is distasteful. Yes, it shouldn't have happened. But it's nobody's place to suggest a lawsuit.

Come on Gryphen. It'd be nice to hear something from you. But then again, we KNOW who's reading here - so maybe not.How 'bout some sort of "coded" comment. Not only would that HUSH US UP, it'd be A BLAST trying to figure it out!Whatever you do, thanks for ALL YOU DO!!

If Gryphen does nothing, he confirms Sarah's philosophy ... remember?? "I can do whatever I want until the courts tell me I can't"

If Gryphen files a complaint he highlights the incident, and who knows, maybe others at other booksigning who were 'escorted' out or had their signs 'removed' will speak out. I can't believe this only happened in Alaska!

I agree with Donna - it's easy for all us armchair warriors to yell "sue" but I doubt any of us would be so quick to dial the ACLU. Gryphen - do what makes you stronger; whatever that is, we'll be here cheering you on.

Dish is right, ACLU! Sue! If you had tried to attend as just one of the crowd, that could have been a problem. Since you had media credentials, and chose to identify yourselves and check in as media, barring you and Zaki is the same thing as barring any newspaper, TV or other form of media that voiced criticism of Palin. It is a violation of the First Amendment to the Constitution.

Well, I don't know how I missed this yesterday, but Gryphen, I know you will take into consideration all aspects before taking legal proceedings. But it is nice to know that $arah is on the ACLU's radar! Thanks dish@4:25am.

I have a question for Donna. Do you really think the city of Wasilla would let this go to trial? Under the circumstances I think a more likely outcome is that they reach a settlement in which they pay his legal fees and maybe a little something for his inconvenience, AND more importantly, promise to take steps to insure that Mr. Hastings and their police respect people's rights. I agree that it's a bit much for us to clamor "Sue baby, sue", but how else do you arrive at that outcome?

Gryphen does not have to pay anything to be the named victim in any criminal action, state or federal, any more than a bank robbery victim has to get a lawyer to sue a bank robber. The investigation and prosecution would be conducted by the government.

As for bringing a civil suit for damages against certain private individuals and getting all of that juicy discovery.....that would be up to Gryphen.

To Anon @ 5:22 - whatever G and Zaki did after the incident is pretty much irrelevant to the harm caused by the incident. Once both men got the boot, the harm occurred. There's not much which can mitigate the violation to their 1st Amendment rights (and whatever rights they have under the AK state constitution).

I vote for "ensure" rather than "insure" because "insure" makes me think of "insurance" which is a socialist word which is interchangeable with "communist". Peace to all you hippies out there. Where have all the flowers gone and everything... Have a vibrant new year all ya's.

You touched on a point I was trying to make: Except for one or two people on this board everyone has been very quick to have Gryphen did deep to bring suit.

I don't think they even have any idea what a fairly simple deposition would cost. Here, in New York, the meter starts at about $500--and that's only a fraction of the cost of what would be needed for discovery.

To the person who suggested that free legal advice on the internet is worthless, I would have him or her consider this:

Everyone seems to be salivating for Gryphen to become embroiled in what they believe to be a civil rights case. Has anyone considered how long it would take such a case to get to trial? He's not disputing a speeding ticket. Gryphen could easily be locked in a legal half-nelson two years--or more.

My guess is, too, Gryphen would want an attorney experienced in these matters. I don't know how it is in Alaska but in New York a new lawyer with a year or two of experience bills out at about $200 an hour.

A more experienced attorney, let' say with five years of experience would be on the clock at about $400 an hour--or more depending on the clout of the firm.

Recently there was a case where a fifth-year associate put in about 1,400 hours for a client at$300 per.

Why don't we have one of the cheerleaders ralllying Gryphen to drag Palin into court crunch THAT number (it's more than $400,000.)

But Maybe Gryphen gets lucky--real lucky--and he can find someone right out of law school who will bill out at $100 an hour and he's REALLY good. He or she can do the same work a more experienced attorney can in half the time--or less--and to get this to court, tried, and put in the can he only needs to put in 500 hours. Gryphen is still in for 50K.

If he doesn't prevail, the money is gone; if he does Palin picks up the tab with what will be pocket change for her--one speaking engagement.

What happens, though, if Palin appeals? The meter starts running again and if the initial ruling is overturned he's out the first 50K and whatever the fees are for the attorney retained for the appeal.

Gryphen, listen to Donna and the retired lawyer. They've given you excellent advice. These other jokers don't seem to get you could be hurt by this--seriously financially dinged--in a way that would take you years from which to recover.

New York Times co. v. Sullivan does not make public figures "Fair game for ridicule". It puts the onus on the plaintiff if he or she is a public figure to prove malice.

Not surprisingly, nobody has considered the PERSONAL price Gryphen would likely pay if this became a particularly nasty case. HIS life would become an open book as well as Palin's. I ALWAYS advise clients who want to settle a score with someone in court to do some serious soul searching and ask themselves with brutal honesty, if there's ANYTHING in their life they wouldn't want to me made public.

There's a great deal of wisdom in the biblical injunction, "Let he is without sin cast the first stone."

I have seen past affairs exposed in court, previous gambling problems, former spousal abuse, one-time drug addiction, and alcoholism that is being managed and which would have remainded buried were it not for how nasty lawsuits can become and how brutally thorough discovery could be,

"And there are tons of us who are willing to work to make this happen. And to work as long as it takes."

And what magic cure do all of you have if this gets nasty and Gryphen experiences losses that your checks can't cover?

Do you have any idea at all about how much collateral damage there can be when a person gets ticked off, justly or not, let's that anger drag them into court, when a more amicable solution might have been available, only to realize he (or she) has stumbled into a nest of vipers.

You people remind me of the angry mob in "Life of Brian" crying for a stoning because some poor old man said "Jehovah."

Regarding possible legal actions: Wouldn't it be MORE than great if there was someone in AK who despises SP so much they would take on Gryph's case pro bono?? I can't find a better reason "for the public good" than this one!

As is so often said, "For every action there is always an equal and opposite reaction." The impact to Gryphen's financial situation, personal life, and professional reputation is at risk. Is it worth it?

I think Gryphen's efforts will be better spent here on IM - continuing to expose Palin's unscrupulous antics for what they really are. His efforts alone have proven he’s capable to get her blood pressure to rise a notch or two.

For anon at 10:21: Sue Palin? On what basis? I'm no lawyer and don't play one on the internet, but it looks like the only entity that should be concerned about a lawsuit is the city of Wasilla. Even Mr. Hastings is likely to enjoy some personal immunity under public employee laws.

I am LMAO at this anon "lawyer" telling Gryphen, not to sue, and everyone telling him to is wrong...Lalalalalala! Van Flea!!! You go to a lawyer and get a Free EVAL. They tell you...Yes you have a case we will take it or no you don't have a case.This is a civil rights case as well, very juicy I would think...city, rich "citizen xgino" HC book co...so smart lawyer man could man himself a pile of money!And put a dent in the grifter's legal fund...and we are not even talking state or federal here...So van flea STFU and I hope Gryphen sues grifter, for banning him and all the others and allowing nazi's and tea bags to be there!!!

I agree, I've been in a similar situation. I was accused of stalking by a neighbor because I launched a successful protest to his permit request for a helipad near my house.

After spending thousands of dollars to defend myself, the judge ruled decisively in my favor. I recovered most of my expenses in a settlement with the plaintiff, but my attorney advised me that although we had a great case for a lawsuit it would be an additional emotional and financial drain. His advice was to carefully consider if I wanted to go there, I didn't. I just put the check in the bank and called it good.

Great advice, Caligirl but you forgot a third possibility: lawyers can tell you you have a case when you don't, particularly in a matter like this.

This is not a negligence case where Gryphen can reasonably expect a seven-figure payday because he lost a leg.

I don't see any reason to anticipate huge compensatory damages if he prevailed so you thinksomebody will take this case on, put out all the money that will required to get this to court banking on punitive damages awarded that will make it worth his, her or their time?

You have a problem with somebody you sue. Your cheerleading to get Gryphen to court is responsible and SELF-serving. You want him to exact the pound of flesh you can't.

I have had valid reasons to sue for damages, and haven't. The reason? I know the toll law suits take on people.

There are those who thrive on these law suits, and they rake in dollars, but they are peculiar people and don't care that the law suits do take a toll on the lives of most people. They are contentious by nature and batten on anything they perceive as their wrongs.

Personally, I would contact the ACLU and see what they have to say about the rights of the individual in Public venues, or I might be satisfied that this stupidity is out in the open for anyone to see.

Money damages? Probably very little. I doubt they would be worth the aggravation, but it is up to Gryphon .

About Me

This blog is dedicated to finding the truth, exposing the lies, and holding our politicians and leaders accountable when they fall far short of the promises that they have made to both my fellow Alaskans and the American people.